SARTAJ MOHAMMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10-7-1980 passed by Sri V. K. Sircar, the then IV Additional Sessions Judge, Allahabad in Session Trial No. 286 of 1997, whereby appellant Sartaj Mohammad has been convicted and sentenced to life imprisonment under Section 302 I.P.C. Appellants Vakilwa, Lal Mohammad and Imamuddin have been convicted and sentenced to life imprisonment under Section 302 I.P.C. read with Section 34 I.P.C. Appellants Sartaj Mohammad, Lal Mohammad and Imamuddin have also been convicted and sentenced to 2 years rigorous imprisonment and a fine of Rs. 300.00 each under Section 324 read with Section 34 I.P.C. Appellant Vakilwa is further convicted and sentenced to 2 years rigorous imprisonment and a fine of Rs. 300.00 under Section 324 I.P.C. Appellants Lal Mohammad and Imamuddin have further been convicted and sentenced to two years rigorous imprisonment under Section 323 read with 34 I.P.C. However, Sartaj Mohammad and Vakilwa have been acquitted for the offence punishable under Section 323 read with Section 34 I.P.C.

(2.) The wood-cut profile of the prosecution case is that appellants Sartaj Mohammad and Lal Mohammad are real brothers being sons of Yar Mohammad Appellant Immamuddin is uncle of appellant Vakilwa. They all belonged to one group.

(3.) Some time before the occurrence in question Anisuddin, brother of accused Vakilwa had been murdered. Shamim, maternal uncle of Aftab Ahmad, P.W. 2 was an accused in that case. Aftab Ahmad was doing pairvi for Shamim.